The findings of the registering authorities regarding the genuineness of a will are not binding on the court in probate proceedings, and the principle of res judicata does not apply to such findings.

1. The petitioner in the revision as well as the appellant in the appeal is one and the same. For the purpose of convenience, I refer the parties as described in the revision. The petitioner filed O.P. No. 1 of 1984 for the grant of probate in respect of the will executed by one Rajammal. His case is that the deceased testator executed the Will on 25.12.1978 by bequeathing the properties in his favour. Earlier, he wanted to register the Will before the Joint Sub-Registrar No. I, Vellore. The respondents opposed the same and after due enquiry, the Sub-Registrar refused to register the Will, finding that the Will is not genuine. As against that he preferred an appeal before the District Registrar, Vellore who also confirmed the order of sub- Registrar. Hence the O.P. has been filed.

2. The respondents contested the claim of the petitioner stating that the Will relied upon by the petitioner is a forged one. Further the deceased had already executed a registered Will on 4.3.76. As the registering authorities have found that the Will produced by the petitioner is a forged one, the O.P. itself is not maintainable. The respondents further filed an application I.A.991 of 1990 to dismiss the O.P. contending that the order passed by the registering authorities has become final. The petitioner did not challenge the order of the registering authorities and hence the O.P.is to be dismissed.

3. The lower court accepted the contention of the respondents and allowed the I.A.991 of 1990, against which the revision has been filed. Consequently the O.P.1 of 1984 was also dismissed, as against which the appeal has been filed.

4. The learned counsel for the petitioner contended that so far as the Will is concerned, the registration is not compulsory. It is only a voluntary action. The petitioner had produced the Will for registration and the Sub-Registrar held the enquiry with regard to the genuineness of the Will. Ultimately after enquiry, he has found that the Will is a forged one and the order was confirmed by the appellate authority also. When the registration is not compulsory, the decision rendered by the registering authorities cannot be a binding one among the parties. It is always open to the party to seek for the probate of the Will before court so that the matter can be decided judicially. The lower court is not correct in dismissing the O.P. accepting the contention of the respondents herein.

5. The counsel for the respondents contended that the parties, having invited a finding from the registering authorities, are bound by the same. The petitioner has allowed the order of the registering authority to become final, without challenging the same further. When once the petitioner has allowed the order of the registering authorities to become final, it is not open to the petitioner to seek for probate on the basis of the forged Will.

6. I have carefully considered the contention of both the counsel. I have also perused the order of the lower court. The lower court has merely stated that since the petitioner had submitted to the jurisdiction of the registering authority and had invited the order adverse to him, he is bound by the same. In short, only on this basis, the lower court has allowed the application filed by the respondents to dismiss the O.P. and also consequently dismissed the O.P. The lower court has not considered with regard to the binding nature of the order of the registering authorities. The registering authorities are normally holding an enquiry in a summary manner. Further section 77 of the Registration Act provides that the aggrieved party is entitled to file the suit seeking for compulsory registration. That may be necessary only in case where the document has to be compulsorily registered. The Will is not a document which compulsorily required registration. Hence it is not necessary for the petitioner to file any suit. But, however, whether by non-filing of the suit the order of the registering authorities